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(영문) 서울서부지방법원 2016.12.22 2016고단3427
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant made a false statement to the effect that a member of the telephone financial fraud (one name “Scam”) sent letters to many and unspecified persons in the Republic of Korea, or would offer loans at a low interest to repay existing loans by misrepresenting himself/herself to a lending institution by misrepresenting himself/herself, and then, in order to facilitate this by deceiving the money from the victims, the Defendant provided the Defendant’s account information to his/her officer in his/her name in order to provide him/her with his/her account information, and then received the contact that the money was deposited into the Defendant’s account by telephone or Kakao x message, then withdrawn the contact and deliver it to the

1. On October 26, 2016, the telephone financial fraud assistance officer in the name of the crime against the victim C made a false statement to the effect that “a national bank DD will make an additional loan if a lump-sum repayment of the existing loan is made because the points of the loan possible are mother and child,” and on October 28, 2016, he/she made a false statement to the effect that “a bank will make a loan at the interest rate of 15 million won per annum after the repayment of the existing loan if the money is deposited in the above account” by phone call to the victim and informing the Defendant’s bank account in the name of the Defendant, and “a loan will be made at the interest rate of 4.5% per annum after the repayment of the existing loan.”

However, in fact, there was no intention or ability to make a loan because the above employee was not an employee of the National Bank of Korea, and there was an idea to obtain the money from the victim.

Nevertheless, on October 28, 2016, a false statement is made to the victim, and such statement is transferred from the victim to the corporate bank account (E) bank account under the name of the defendant on or around October 28, 2016. On the other hand, the defendant transferred the above money to the bank account under the name of the defendant, and then withdrawn and delivered the money in cash to the defendant via telephone and Kakakakao Stockholm message, but the bank staff borrowed money to the friendship due to the deposit of money if asked.

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